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SW8050414_HISTORICAL FILE_20141230
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS AR. HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ohl`i i a 3O YYYYMMDD ®�iA w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 30, 2014 Richard Donaldson, President Andrews Reach Homeowners' Association, Inc. 3530 Lewis Loop SE Bolivia, NC 28422 Subject: Stormwater Permit No. SW8 050414 Name / Ownership Change & Permit Modification Andrews Reach New Hanover County Dear Mr. Donaldson: Donald van der Vaart Secretary Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, this permit shall now be effective from the date of Issuance until August 7, 2020, which includes all available extensions. The permittee and/or project shall remain subject to the conditions and limitations as specified therein. On March 27, 2014, DEMLR staff inspected the project and determined that the permit needs to be transferred and that a designer's certification needs to be submitted. On November 12, 2014, the Wilmington Regional Office received a request to transfer the ownership of the state stormwater management permit for the subject project. At this point, the documentation is in order to make the transfer. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been transferred on December 30, 2014. In addition, on November 12, 2014, the Wilmington Regional Office received a complete, modified Stormwater Management Permit Application for Andrews Reach. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995. For your records, please find enclosed a copy of the revised Permit No. SW8-050414 MOD, dated December 30, 2014, for the construction, operation, and maintenance of the built -upon area associated with the modified project. In addition, please find enclosed a copy of the March 27 inspection report, a copy of the Name/Ownership Change form submitted on November 12, 2014, and a copy of the approved plans for the modification. Please combine these documents with your original plans, issued by the Division of Water Quality on June 14, 2005, and as modified thereafter. Please note that a designer's certification still needs to be submitted once project construction is complete. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 Mr. Richard Donaldson December 30, 2014 The following modifications are included and covered by this permit: A total of four (4) single family home sites are being added on the remaining 2.28 acres of the site. The site is bounded to the east by Masonboro Loop Road, to the south by an existing phase of Andrews Reach and to the north and west by existing residential development. Access to the home sites will be by way of a shared asphalt driveway located in a private access easement. No direct access to . Masonboro Loop Road is proposed. Per the original permit SW8 050414, the stormwater system was oversized to handle future development. This modification reallocates the previous future built -upon area (BUA) to the proposed improvements. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement. Any modifications to this project must be submitted to DEMLR and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If the property for this project has been/will be sold or legally transferred to another entity OR, the project or permit holder has changed its name and/or mailing address, it is your responsibility as the permittee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes. These forms are available on our website at: If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans, please do not hesitate to call Steve Pusey with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, P E , ��a racy Davi , P.E., Director Division of Energy, Mineral and Land Resources GDS/ sgp: S:\WQS\Stormwater\Permits & Projects\2005\050414 HD\2014 12 permit 050414 CC' M. Kirk Andrews, Footings of Wilmington, Inc. David L. Menius, PE — Stroud Engineering, PA New Hanover County Inspections NCDOT District Engineer Beth E. Wetherill, New Hanover County Engineering Wilmington Regional Office Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 050414 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Andrews Reach Homeowners' Association, Inc. Andrews Reach Phases 1 and 11 Masonboro Loop Road & Pine Grove Drive, Wilmington, New Hanover County FOR THE construction, operation and maintenance of an underground infiltration trench in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until August 7, 2020, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. The permitted stormwater system includes the collection system, bypass structures, the detention/storage basins, the 36" 0 conveyance piping, the infiltration trench and the vegetated filter. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 on page 4 of this permit. The stormwater control has been designed to handle the runoff from 351,782 square feet of impervious area. This trench must be operated with a 50' vegetated filter. 3. Detention/storage basins are approved to store runoff prior to being dewatered through an orifice into the infiltration system. The detention/storage basins must each have a 6-inch thick clay liner to prevent infiltration. The dewatering orifice must completely dewater each basin after each rainfall in less than 5 days. 4. Phase I of the subdivision has been permitted for a total of 305,143 square feet. Phase II of the subdivision has been permitted for a total of 46,639 square feet as shown on the modified plans. Overall, the tract will be limited to the amount of built -upon area as indicated in Section 1.7 on Page 3 of this permit, and per the modified permit application, and per approved plans. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 050414 INA All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The following design criteria have been provided in the infiltration trench system and must be maintained at design condition: a. Drainage Area, 9cres: Onsite, ft : Offsite, ftz: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. Trench Dimensions, L x W x H, ft: e. Perforated Pipe Diameter/Length: f. Bottom Elevation, FMSL: g. Bypass Weir Elevation, FMSY h. Permitted StoragSVolume, ft •Trench, ft •36" Conveyance Piping, ft3: •Phase I Storage Basins, f13: *Phase II Storage Basin, ft i. Type of Soil: j. Expected Infiltration Rate, in/hr: k. Seasonal High Water Table, FMSL: I. Time to Draw Down, hours: M. Receiving Stream/River Basin: n. Stream Index Number: o. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 17.41 17.41 0 351,782 1.5 1600x5x4 36"/1600 3 6 42,467 20,226 6,200 14,056 1,985 Craven, Lakeland, Seagate 3.75 1 18 Hewletts Creek / Cape Fear 18-87-26 "SA; HQ W" The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. ' Mowin.9 and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of dewatering orifices, bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to all bypass structures must be available at all times. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 050414 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame . specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 050414 13. Prior to the sale of any lot, the following deed restrictions must be recorded: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050414 as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per single family lot is 5,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. 14. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Energy, Mineral and Land Resources, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 050414 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit modified and transferred this the 30th day of December, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 9 ' DEMLR USE ONLY Date Received Pee Paid Permit Number �5 5- Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Storm water Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form aray be photocopied for use as an original L GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 2. Location of Project (street address): Masonboro Loop Road City: Wilmington County: New Hanover Zip: 28409 3. Directions to project (from nearest major intersection): 'Fire project entrance is located 400 feet south of the intersecion of Masonboro Loop Road and Masonboro 4. Latitude: 34' 11' 03" N Longitude: 77' 51' 40" W of the main entrance to the project. 11. PERMIT INFORMATION: 1. a.Specify whether project is (check one): []New ®Modification ❑ Renewal w/ Modificationi tRenewals With modifications also requires SWU-702 - Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number SW8 050414 , its issue date (if known) 8/7/2006 , and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®I-ligh Density ❑Drains to an Offsile Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DF,MLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/Erosion Control: 2.0 ac jDifined Arffi% ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts II 1 LL LU11TT b.If any of these permits have already been acquired please provide the Project issue dale and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No ❑Yes If yes, see S.L. 2012-200, Part VI; httl2://portal.ncdenr.org/web/Ir/ruies-and-regulations Form SWU-101 Version Oct. 31, 2013 Page I of III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the protect): Applicant/Organization: Andrews Reach Homeowners' Association Inc Signing Official & Title: Richard Donaldson President b.Contact information for person listed in item la above: Street Address: 3530 Lewis Loop SF City: Bolivia State: NC Zip: 28422 Mailing Address (if applicable): City: State Phone: ( 910 ) 253-9147 Fax: Email: rcdonaldson©charterbuildinggroup.com c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if City: Phone: ( ) ],mail: State: State: Fax: Zip: 3. a. (Optional) Print the name and title of another contact such as the projectsconstruction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official &'Title: b.Contact information for person listed in item 3a above: Mailing Address: City:_ Phone: State: Fax: ( ) 4. Local jurisdiction for building permits: New Hanover County Point of Contact: Inspections Phone #: ( 9"10 ) 798-7175 Form SWU-101 Version Oct. 31, 2013 Page 2 of6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Runoff from BUA is collected in a curb and gutter system routed through basins designed to satisfy City of Wilmington detention requirements and released to NCDGNR infiltration devices for treatment. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ® Other: SW8 050414 Date: 8/7/2006 b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ® Coastal SW -1995 ❑ Ph 11- Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 17.41 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) -Total Coastal Wetlands Area (5) -Total Surface Water Area (6) = Total Project Area*:17.41 acres Total project area doll be calculated to exclude the folloroin the normal pool of impounded structures, the area between the batiks of streans and rivers, tine area below the Normal High Water (NHW) line or Mean High Water (MHW) litre, and coastal wetlands landward from the NHW (or MHW) title. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NFIW (or MHW) line nay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 46.4 9. How many drainage areas does the project have? 1 (For high density, count I for each proposed engineered storarvater BMP. For lao density and other projects, use 1 for tine whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area _ Draina e Area _ Draina e Area _ Draina e Area _ Receiving Stream Name Hewletts Creek Stream Class * SA;I-IQW Stream Index Number * 18-87-26 Total Drainage Area (sf) 758,380 On -site Drainage Area (sf) 758,380 Off -situ Drainage Area (sf) I0 Proposed Impervious Area** (so 351,782 % Impervious Area** total 46.4 Impervious** Surface Area Draina e Area — Draina e Area — Draina e Area — Draina e Area — On -site Buildings/Lots (so 226,775 On -site Streets (so 92,073 On -site Parking (sf) I On -site Sidewalks (so 19,288 /'0 vero Other on -site (so Future (so 13,646 Off -site (sf) NOV 17 Tt Psxisting 13UA*** (so I Total (so: 351,782 BY: " Stream Class laid Index Number can be determined at: b�://yortal.ncdetnr.org/webfwq/ps/csu/classi ications ** Impervious area is defined as fire built upon area including, bill not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ***Report only flintanmm�rt ofexisling BUA flint will retrain after development. Do not report any existing BUA flint is to be removed and which will be replaced by new BUA. Form SWU-101 Vetsion Oct. 31, 2013 Page 3 of IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stonnwater runoff will be treated. Runoff from BUA is collected in a curb and gutter system routed through basins designed to satisfy Citv of Wilmington detention requirements and released to NCDENR infiltration devices for treatment. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ® Other: SW8 050414 Date: 8/7/2006 b.lf claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ® Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Properly Area: 17.41 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) -Total Coastal Wetlands Area (5) -Total Surface Water Area (6) = Total Project Area4:17.41 acres Total project area shall be calculated to exclude the following the normal pool of imppounded structures, the area behueeu file batiks of streams and rivers, the area beloev tine Nornal High Water (NHW) line or Meart High Water (MHIM line, and coastal wetlands landward from file NHW (or MHW) line. Tile resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal toetlands latdmard of the NHW (oYMHIM lute nay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 46.4 9. Flow many drainage areas does the project have? 1 (For high density, count I for each proposed engineered stornaoater BMP. For lore density and other projects, use I for tine Whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Draina e Area Draina a Area Draina e Area _ Draina e Area _ Receiving Stream Name I-Iewletts Creek Stream Class * SA;HQW Stream Index Number * 18-87-26 Total Drainage Area (so 758,380 On -site Drainage Area (so 758,380 Off -site Drainage Area (so 0 Proposed Impervious Area** (so 351,782 % Impervious Area** total 46.4 Impervious** Surface Area Draina e.Area Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 20,000 On -site Streets (so 9,175 On -site Parking (so On -site Sidewalks (so 3,818 Other on -site (so Fuhire is 13,646 Off -site (sf) a 2 Existing BUA*** (so 305,143 - Total (so: 1 351,782 BY: — Stream Class and Index Number can be determined at: {rttn://nortal.rtcdenr.or ho�q[ps/csn/classifi'calions Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. *`* Report only thal mnount of existing BUA that will remain after development. Do not report any existing BUA that is to be rentoved and Which Will be replaced by ueto B UA. Form SWU-101 Version Oct. 31, 2013 Page 3 of 11. I-Iow was the off -site impervious area listed above determined? Provide documentation. Proiecls in Union County: Contact DEMLR Central Office stc ff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stornnvater requirements as per 15A NCAC 026.0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from litt[2://portal.ncdeiir.org/web/wq/ws/su/biiip-iiiaiiiial. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from littp://portal.nccietir.org/web/wq/ws/su/statesw/foriiis-docs. The complete application package should be submitted to the appropriate D17MLR Office. (The appropriate office may be found by locating project on the interactive online map at lit!p:/ / portal.ricilennorg/ web/ wq /ws/su / mal2s.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http //portal.ncdenr.org/web/wq/ws/su/statesw/forms dots. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. �1 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants —� Form. (if required as per Part VII beloru) f 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreennent(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.etivlielp.org/pages/onestopexpress.litml for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) I 5. A detailed narrative (one to two pages) describing the stormwater treatment/nnanagementfor the project. `this is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the h receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the'/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). h 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MI-IW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. p� k. Existing contours, proposed contours, spot elevations, finished floor elevations. ECE O \W E 1. Details of roads, drainage features, collection systems, and stormwater control sores. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated 4 a e'OV 9 2 qualified person. Provide documentation of qualifications and identify the persgr�w�b made the determination on the plans. 1 a n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). Form SWU-101 Version Oct. 31, 2013 Page 4 of 6 p. Vegetated buffers (where required). I 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x I "I" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verifij the SHWT prior to submittal, (910) 796-7378.) l 10. A copy of the most current property deed. Deed book: 5739 Page No: 445 In 11. For corporations and limited liability corporations (I.LC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per "15A NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. littp://www.secretary.state.iic.us/Corporatioiis/CSearcli.aspx VI1. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://12ortal.ticdeiir.org/web/Ir/state-storrnwater- forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: David L. Mcnius, P.E. Consulting Firm: Stroud Engineering P.A. Mailing Andress: 102-1) Cinema Drive City: Wilmington State: NC Zip: 28403 Phone: ( 910 ) 8-15-0775 Fax: Email: Imenius <+stroudengineer.conn IX. PROPERTY OWNER AUTHORIZATION (if Con tact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or hjpe name of person listed in Contact Information, item ]a) with (print or type none of organization listed in Contact Information, item to) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. ��t 1 I .y I � 1 :St Form SWU-101 Version Oct. 31, 2013 Page 5 of As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit it completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General State 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. a Notary Public for the State of . County of do hereby certify that before me this _ day of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL. My commission X. APPLICANT'S CERTIFICATION 1, (print or hjpe nnnne of person listed in Contact Information, item Ia) Richard Donaldson certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective nants will be/rCced, and that the proposed project complies with the requirements of the applicable st mwa er VIees un er 15 NC tAI�\C 211-1 .1000 am and any other applicable state stormwater requirements. Signature: �fG `l / \ / Date: 11 Inn I �J- I a Notary Public for the Statof ' C ' County of 1410 lie eby certify that � ' G� man ��e So personally appeared before me this clay of em/- �� and ac nownleL ge the due execution of the application for a stormwater permit. Witness my hand and official seal, J� A �A�— KELUE .. NORRIS Nutary Public North Carolina New Hanover County SEAL CIMy commission expires S I Form SWU-101 Version Oct. 31, 2013 Page 6 of6 1_,.,_M<.� _...,. _.__.� _ v' , JY, t StP� _ 1 { 1:. J � i�14� ``�xA I(� 1�1I�A nMrur� �7.. .Vnv�y�� m vrQ.uK ..� e �u1 1 1.F 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality C j ## m„ Zi STATE STORMWATER PERMIT NAME/OWNERSHIP CHAN f F9- MI'2 84 I. CURRENT PERMIT INFORMATION gY` 1. Stormwater Management Permit Number: SW8 050414 2. Project Name: ANDREWS REACH 3. Current Permit Holder's Company Name/Organization: FOOTINGS OF WILMINGTON, INC. 4. Signing Official's Name: M. KIRK ANDREWS 5. Mailing Address: 3129 BRAEMAR LANE Title: PRESIDENT City: WILMINGTON State: NC Zip: 28409 6. Phone:( 910 ) 262-6688 Fax:( 910 ) 397-0690 If. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) X❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ® Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: ANDREWS REACH HOMEOWNERS' ASSOCIATION, INC. 2. Proposed permittee's signing official's name: RICHARD DONALDSON 3. Proposed permittee's title: PRESIDENT 4. Mailing Address: 3530 LEWIS LOOP SE City: BOLIVIA Phone: ( 877 ) 253-9147 5. New Project Name to be placed on permit: State: NC Zip: 28422 Fax: Please check the appropriate box. The proposed permittee listed above is: ® HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by_both the current permit holder and_the new applicant if this is a change of ownership` ' 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. .15. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing . fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. M Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, M. KIRK ANDREWS the current permittee, am submitting this application for a transfer of ownership for permit # SW8 050414 . I hereby notify DWO of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWO stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. _ Signature�Z • Date: 1, Hie I I ; e E . No rr''is a Notary Public for the State of Nor+h Caro I; nzL County of N ew Ala n oye r do hereby certify that M. t'S rk Ar\dreW!S personally appeared before me this the Isr day of Oc+ober 20 IH- , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) N�cc �f�B1/l vt .,. KELLIE E. NORRIS tary Signature o Notary Public I" North Carolina New Hanover County SSW N/O Change Rev24Sept2012 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, RICHARD DONALDSON hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) ®the most recent permit the designer's certification for each BMP ® any recorded deed restrictions, covenants, or easements ® the DWQ approved plans and/or approved as -built plans Xj the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with .the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this applicatio are not co feted or if all required supporting information and attachments listed above are n Inch ed, this ap ' ation package will be returned as incomplete. Signature: C Date: t to .12-0I4 1, 15 I r= . N r is a Notary Public for the State of N.C. cl1 1�onal�ISo In day of N o v County of N c w l la n o v,= r , do hereby certify that personally appeared before me this the 20 14 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, No ary Signature KELLIE E. NORRIS a p�jpry Public Y' ry North Carolina i New Hanover County +.... Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. . Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev24Sept2012 Page 3 of 4 ', Y �� r u_I�J�SJ ri .,,.�, �.�..� C,Ma� ��y, f_ VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization:. Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: Zip: (if different from street address) State: Fax: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 Proposed Permittee System Compliance Certification Stormwater Permit #: SW8 050414 Proposed Permittee: Andrews Reach Homeowners' Association, Inc. Signing Official: Richard Donaldson Title: President I, Richard Donaldson, have been made aware of the noncompliance status of SW8 050414. 1 have been provided a copy of the most recent inspection report dated 3/27/2014. 1 am aware that Andrews Reach Homeowners' Association, Inc. will be responsible for all corrective action required due to current and future noncompliance issues. These corrective actions include, but are not limited to modification of the permit to reflect the correct property owner and the provision of a properly executed EngineqRvertification for completed portions of the system. Iature:\�—�— v1 C\��_ � Date: I'�`o�2o'-4- KG I II -. e\y C. P4 V , a Notary Public in the State of r,� . C- County of r4cw 4 'A nov L,r do hereby certify that R ' _-h L7o n a I d So r' personally appeared before me this the 10 day of r-j o • , 201, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, KELLIE E. NORRIS Si ture y4a Notary Public g /S Zp I �l North Carolina My Commission expires 3 New Hanover County ECE0VE NOV 12 2014 ......m_,.,._.,,_.._w�_,..M...-� ...il+IG:) nt, O�:i �.,� is P Project Name: Project Location: Rule(s) 112008 Coastal Tvpe of Permit: New or Density:: compieteness Keview LnecKusc Received Date: Accepted Date: 1995 Coastal El Phase II (WiRO) ❑Universal ng Permit # (Mod or PR): ®1988 Coastal _ 1,..T.ype: ---Commercial _or_--Residential.---- Stream Class: 1:15A Map 1:10fisite to SW8 nr cinolo i nr IMORW Mao I (Exempt PE Cert on File? Paperwork . Emailed Engineer on: ❑Supplement(s) (1 original per BMP) BM Type(s): ®0&M with correct/original signatures (1 original per BMP except LS/VFS and swales) 0A{icati n with correct/original signatures eed C�orp or LLC: Sig.Auth per SoS or letter Email Address: Design Engineer 0$5 5 (within 6mo) Email Address: Owner ado Note to Reviewer: ❑Soils Report with SHWT culations (signed/sealed) ❑Noobvious errors Density includes common areas, etc ed Restrictions, if subdivided: nsisned & Notarized M2 Sets Grading Vicinity Map ®Legend Infiltration Soils Report SHWT: Bottom: Visited: Additional Information: (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ds: Delineated or No Wetlands out (proposed BUA dimensions) Maps El Project Boundaries Wet Pond Soils Report SHWT: PP: offsite F1PE Cert for Master EDDeed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Lot #: Lot # Matches Master sf sf Drnnnced• BUA (sf) DA (so rerrmueu r�vrwca. •-r------ PP (el) SHWT (el) Depth (ft) SA (sf) STROUD ENGINEERING, P.A. 102•D Cinema Drive Wilmington, NC 28403 d1R441953 &F 4n^ 13. WO44LQd 0 (910) 815.0775 TO Pr A) A WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE I L G✓ JOB No)P`L_, _NI I / -7 6/ ATTENTION i �,ti� e�fon RE: LJ jf d 5 0 y ! `I the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION /% / l oS THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO blUNLU— If enclosures are not as noted, kindly notify us at once. i%� r. _:: •jy 5�� w1'�� Y .. e `C „ yS .- � T � ��� rt� ��i F: �� � 4- Stormwater Management Plan for Andrews Reach Phase 2 Owner: Andrews Reach HOA, Inc. 3530 Lewis Loop SE Bolivia, NC 28422 Engineer: Stroud Engineering, P - A FiECEU ®E 0 102 D Cinema Drive Wilmington, NC 28403 NOV 12 2014 MCI111R1//,� BY ��oP Qf-SS/O -f: s a 2.Qo y'.9 ;a SEAL 35677 *GINE� David L. Menius, P.E. Date i+� � , {{++ Project: PW-476 Engineer: DLM Date: 9/22/2014 Andrews Reach Phase 2--Project Narrative Introduction 'file site is located at 3300 Masonboro Loop Road in New Hanover County. A total of 4 single family homes are proposed on the remaining 2.28 acres of the site. The site is bounded to the east by Masonboro Loop Road, to the south by an existing phase of Andrews Reach and to the north and west by existing residential development. Roadways Access to the 4 proposed homesites will be by way of it shared 16 foot wide asphalt driveway located in a 34 foot (minimum) wide private access easement. The length of the shared drive, as measured along its centerline from the exiting Andrews Reach Loop R/W to the lot 41 property line, is 494 feet. All 4 proposed lots adjoin Masonboro Loop Road, however, no access direct is proposed. Utilities The site is afforded water and sewer by CPPUA. Realignment and/or extension of the existing mains will be required to provide service to the 4 proposed residences. A core will be made on an existing manhole and 179 linear feet of new gravity main will be extended along the Masonboro Loop Road frontage. Each of the 4 proposed lots will be served by gravity services. An 8 inch water main presently bisects the site. A portion of this main will be realigned to follow the proposed access casement along the western edge of the site. Taps will be made to the realigned section of the 8 inch main. No new hydrants are proposed along the realigned water main. A total of 460 linear feet of 8 inch water main will be removed and 455 linear feet of 8 inch water main will be installed. Stor nwater 6414 The entire Andrews Reach project is covered by state stormwater permit SW8 05044F. The NCDENR stormwater system was oversized to account for future development. Proposed improvements will utilize a permitted 6UA reserve to satisfy NCDENR treatment requirements. City of Wilmington detention requirements will be satisfied by the addition of a dry detention basin. Erosion Control Silt fence will be used to contain sediment around portions of the site which will drain towards adjoining property or existing roadways. Proposed inlets in the interior of the site will be protected with traditional hardware cloth and stone protection. A shallow swale will be used to direct drainage to and along the perimeter of the project. The detention basin will be used as a temporary sediment basin to treat concentrated runoff front the collection system and the swale. A stone construction entrance will be used at the access point to the site. rCFUV�E Nov 12 2014 BY:_- EXHIBIT X PG 1. OF 1 PGS � 01 01 -A i 7- \ Sly .e !anuum , i3�=?ems ir ¢Pitllart a mRiu¢ ` -Tz Sa.�TiC THIS 1.5Pr • .,, A r_ EiTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT 1 4"z yy � f�____L_____ji!!J 'L LICI ___S �__ Z____1__ _. i u: i g \\6• 1 Y- Q 111 u --------------------- 9 ______ - n_ _ • r y . � I' I J ?I 1 \ ,f01; � ...,i Tmr^1 'AMP& �InuR v olami� m a IM � ..,mcn •ecium n n,i •I®n �� d 11 1 d,.-- I o 1 \ 11 \ \1 \ \ 11 l '1 1 `\ 1 �� y:u n�bfi��u=.w1190 ¢p "� AtJDREVV S REACH Atl ip[ e A iHill++•�u>�,u PROJECT; ANDREWS REACH PROJECT O: PW-476 DATE: 011MO14 NOTES: ESTIMATED TIME OF CONCENTRATON - RESULTING 10 YEAR STORM INTENSITY• CONSTRUCTION PHASE 'C'- 5MIN PER SOILS AND TOPOGRAPHY 7.23 INIHR PER CITYINHC DESIGN MANUALS 0.3 PER SOILS AND TOPOGRAPHY SEDIMENT BASIN 1 (WET POND) DISTURBANCE AREA • IS AC DRAINAGE AREA- 2 0 AC 0 • CIA • 4.34 CPS SURFACE AREA• 325' 0- 1410 SF STORAGE- 1800CF PER AC DISTURBED- 3240 CF APPROX LENGTH 100 FT APPROX WIDTH 40 FT PROVIDE ACTIVE DEPTH 1.00 FT SURFACE AREA• 400011 REQUIRED, ON VOLUME PROVIDED • 3860- REQUIRED. OK 3 DAY DEWATERING FLOW RATE 1080 CFIDAY PROPOSED ORIFICE DIAMETER 0.751N RESULTING AREA A•3.1414' D2- 04415625 SO IN 0 X30664M SO FT DRIVING HEAD TO OENTROID OF ORIFICE 0.50 FT STORAGE VOLUME DRAWDOWN RATE PER THE ORIFICE EQUATION O•C6'A'(2'G'0)-.5 0,01 CFS 902 CF PER DAY STORAGE VOLUME DRAWDOWN TIME 3.6 DAYS ORIFICE EQUATION NOTE SKIMMER DRAWDOWN RATE CALCULATED PER THE ORIFICE EQUATION 0=CBA'(2'0'h)15 WHERE: A • PROPOSED ORIFICE AREA • VARIES (60 FT) CE • DISCHARGE COEFFICIENT • 0.6 (UNITLESS) 0 • GRAVITATIONAL ACCELERATON • 32.2 FTIS"2 h • DRIVING HEAD (WATER SURFACE TO ORIFICE CENTROID ELEVATION) = VARIES (FT) 0 - POND OUTFLOW • VARIES (CPS) DISSIPATOR SIZING ZONE 2 CLASS B APRON MATERIAL LENGTH • S X DIAMETER WIDTH • 3 X DIAMETER PIPE APRON APRON DIAMETER LENGTH WIDTH 12 600 300 15 7.50 3.15 24 1200 6w 30 15.00 7.50 SWALE CALCULATIONS NOTES', CHECK USING MANNING EQUATION ESTIMATED TIME OF CONCENTRATON• 5MIN PER SOILS AND TOPOGRAPHY RESULTING IO YEAR STORM INTENSITY • 721NINE PER COW SWALE CA PERCENT IMPERVIOUS- 40% RESULTING "C"• 0.5 MANNING IN VALUE- 003 ROUGH CHANNEL WITH GRASS SWALE. SIDE SLOPES• 0,12 MIN DESIGN UTILIZES A CONSERVATIVE ESTIMATE OF 50% BUA FOR PERMANENT SWALES DUE TO UNCERTAINTY OF LOT IMPROVEMENTS SWALE 10 ORAI NAGS AREA AC IMPERVIOUS AREA AC PERVIOUS AREA AC RUNOFF RATE CFS SWALE SLOPE FTIFT BOTTOM WIDTH RUNOFF DEPTH FT ALLOWABLE VELOCITY RUNOFF VEL FPS SWALE CAPACITY RUNOFF VELOCITY 1 080 032 048 2.88 1 0003 6.0 041 4.W 100 OK OK POND 100 YEAR STORM EMERGENCY OUTFALL CALCULATIONS NOTES', CHECK USING MANNING EQUATION ESTMATED TIME OF CONCENTRATON• 5MIN RESULTING IOC YEAR STORM INTENSITY = 961NMR PERCENT IMPERVIOUS- 50% RESULTING 'C'• 06 MANNING 'NE VALUE• 005 SIDE SLOPES= .333 WH PER SOILS AND TOPOGRAPHY PER CITYINHC DESIGN MANUALS CONSERVATIVE VALUE RIP RAP LINED CHANNEL SWALE ID DRAINAGE AREA AC IMPERVIOUS AREA AC PERVIOUS AREA AC RUNOFF RATE CFS OUI SLOPEFTIFT OUTFALL WIDTH RUNOFF DEPTH FT ALLOWABLE VELOCITY RUNOFF VEL FPS OUTFALL CAPACITY RUNOFF VELOCITY EM WEIR 6501 275 1 2.15 1 3168 1 0200. 250 027 500 4.51 OK OK PIPE DESIGN CALCULATIONS PROJECT: ANDREWS REACH ENGINEER: DLM DATE: 9/18/2014 STORM: 10 YEAR, 5 MINUTE Tc SOURCE: COW SW DESIGN MANUAL RCP n: 0.013 LOCATION: AREA (ACRES) RUNOFF CHAR. Q=CIA (CFS PIPE DATA FROM TO SUBTOTAL TOTAL IC (IN/HR) INTENSITY C RUNOFF COEFF. BASIN BASIN SUBTOTAL TOTAL HEADWATER ELEV. TAILWATER ELEV. PIPE LENGTH HYDRAULIC GRADE % DIAMETER THEOIN SIZE IN V FILL L FPS 0.2 0.20 7.23 0.5 0.72 13.2 13.1 100 0.10 10.15 12 1.43 0.2 0.40 7.23 0.5 0.72 1.45 13.1 12.9 100 0.20 11.56 12 2.03 M 0.2 0.60 7.23 0.5 0.72 2.17 12.9 12.5 100 0.40 11.82 12 2.87 1.0 1.00 7.23 0.5 3.62 3.62 12.6 12.5 30 0.33 14.81 15 3.04 0.2 1.60 7.23 0.5 0.72 5.78 12.5 12.0 60 0.83 14.88 15 4.80 STORM: 50 YEAR, 5 MINUTE Tc SOURCE: COW SW DESIGN MANUAL RCP n: 0.013 LOCATION: AREA ACRES RUNOFF CHAR. Q=CIA CFS PIPE DATA FROM TO SUBTOTAL TOTAL Ic (IN/HR) INTENSITY C RUNOFF COEFF. BASIN SUBTOTAL BASIN TOTAL HEADWATER ELEV. TAILWATER ELEV. PIPE LENGTH HYDRAULIC GRADE % DIAMETER THEOIN SIZE IN V FULL FPS 0.2 0.20 8.87 0.5 0.89 0.89 14.8 14.7 100 0.10 10.96 12 1.43 0.2 0.40 8.87 0.5 0.89 1.77 14.7 14.4 100 0.30 11.57 12 2.48 I JD14 0.2 0.60 8.87 0.5 0.89 2.66 14.4 13.8 100 0.60 11.83 12 3.51 1.0 1.00 8.87 0.5 4.44 4.44 ....15 4.30 0.2 1.60 8.87 0.5 0.89 7.10 13.8 13.0 60 1.33 14.71 15 6.08 Nelson, Christine From: Nelson, Christine Sent: Friday, November 07, 2014 3:52 PM To: 'Luke Menius' Subject: RE: SW8 050414 I was looking back at the correspondence for this project and realized it doesn't look like I responded to this e-mail. I apologize that it fell through the cracks. The transfer can be submitted at the same time as the permit mod. However, the order the documents are to be processed in and the signatures on the documents will be very important. For instance, the modification paperwork needs to be signed by the permittee at that time. And as I mentioned in an earlier e-mail, if the permit is to be transferred prior to the project being brought into compliance, then a letter accepting responsibility for the compliance issues will be needed from the new permittee. One downside submitting both the transfer and the mod at the same time and asking to have the transfer processed first, is that the transfer could take longer than the $505 check for the mod is valid for. Again, I'm sorry for the delay in my response. Please let me know if you need additional clarification. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius [mailto:lmenius@stroudengineer.com] Sent: Friday, October 24, 2014 10:47 AM To: Nelson, Christine Subject: RE: SW8 050414 That is it, thanks. By the way, can I turn in the transfer request at the same time I turn in the permit mod application for phase 2 with the proposed permittee's name or does the transfer process need to occur first? David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Nelson, Christine [mailto:christine.nelson(ancdenr.govl Sent: Friday, October 24, 2014 10:40 AM To: Luke Menius Subject: RE: SW8 050414 Is this what you are looking for? It's the inspection report from the file review. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius [mailto: lmenius(o)stroudengineer.com] Sent: Friday, October 24, 2014 10:28 AM a Nelson, Christine From: Nelson, Christine Sent: Friday, October 24, 2014 10:40 AM To: 'Luke Menius' Subject: RE: SW8 050414 Attachments: 2014 03 CEI_BIMS 050414.pdf Is this what you are looking for? It's the inspection report from the file review. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius [mailto:lmenius@stroudengineer.com3 Sent: Friday, October 24, 2014 10:28 AM To: Nelson, Christine Subject: RE: SW8 050414 Please send me the summary that is referenced at the end of the attached correspondence. I'd like to reference it in the plan of action. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 lmenius@stroudengineer.com From: Nelson, Christine [mailto:christine.nelson(&ncdenr.00vl Sent: Friday, October 24, 2014 10:19 AM To: Luke Menius Subject: RE: SW8 050414 Luke, If the certification will be one of the outstanding compliance items that the new owners are willing to resolve, then it certainly can be transferred without one having been submitted. Please just note that they are willing to provide one in the letter. Speaking of the letter, there really isn't any specific language that is required. Just make sure to hit the fact they know it's not in compliance and that they agree to bring it into compliance. You might want to include a plan of action, so to speak, of the items they expect to accomplish to bring it into compliance (such as they know a certification is needed). Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius [mailto:lmenius(cbstroudengineer.com] Sent: Friday, October 24, 2014 10:11 AM To: Nelson, Christine Subject: RE: SW8 050414 Sorry far the confusion. I found evidence in our files of the transfer process being initiated and I assumed that your having received a portion of the certification meant the transfer paperwork had made been submitted. Yes, all parties are motivated to transfer the permit regardless of the state of compliance. If there is any specific language required in this letter, let me know. I assume the fact that we are acknowledging in the letter that the project may not be in compliance that a'certification is not necessary at this time. My preference would be to complete the repairs underway as well as the work associated with phase 2 and then certify the entire project as being complete. David L. Menius, P.E. Stroud Engineering, P.A. 102-0 Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Nelson, Christine [mailto:christine.nelson(@ncdenr.00vl Sent: Friday, October 24, 2014 9:51 AM To: Luke Menius Subject: RE: SW8 050414 Luke, I'm not sure what you mean by "make the transfer happen". A completed transfer form with the associated required documents was never submitted. Also, if you are looking to transfer a non -compliant permit, a letter will be needed from the new owners acknowledging that they are accepting a non -compliant permit and that they agree to bring it into compliance. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius [mailto: ImeniusO)stroudengineer.com] Sent: Friday, October 24, 2014 9:07 AM To: Nelson, Christine Subject: RE: SW8 050414 Got it. My primary task is to modify the permit to enable phase 2 and I understand the first thing that needs to happen is to transfer the permit from Footing of Wilmington to Andrews Reach HOA. Footings of Wilmington no longer has any association with the project apart from remaining the permittee. It sounds like a complete certification with the second page is all you need to make the transfer happen. There has been a lot of activity at the site in the last month in an effort to get the system back in order. It may be that some of your concerns have been addressed. You are correct that phase 2 was permitted as a townhome section but they have scrapped this plan in favor of 4 single family homes. The site will utilize the same BUA reserve-34,000 sf, I think —that the townhomes were provided. The method of stormwater collection/treatment is of the same character as what is currently permitted. The dry detention basin near the entrance is to be expanded to accommodate the City's detention requirements. The basin then drains at a controlled rate to the DENR infiltration system. Both phases should remain a single permit with a single owner —Andrews Reach HOA. David L. Menius, P.E. Stroud Engineering, P.A. .102-0 Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudenoineer.com From: Nelson, Christine [mailto:christine.nelson(a)ncdenr.00vl Sent: Thursday, October 23, 2014 4:52 PM To: Luke Menius Subject: RE: SW8 050414 Luke, Basically, the site needs to be brought into compliance prior to transferring the permit. For instance: • Page 1 of the certification for Phase 1 of Andrew's Reach was provided, but page 2 was not. I'm still waiting for that second page. Also, I'm not clear on what has happened with Phase 2, which was approved to be townhomes. Does the permit need to be modified to match the current owner's plans for Phase 2? Does the permit need to be modified for the subdivision and a second permit obtained for the second phase? Or will both owners be listed on the transferred permit (not ideal as that creates a different set of issues). Also, I haven't done a site visit yet, but I know a while back there were some concerns that the system was not being maintained. I believe that those have been resolved but I'm not 100% sure. Hope this helps at least get you pointed in the right direction and please let me know if I can provide additional assistance. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 http://porta I. ncd enr.orp/web/I r/sto rmwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius [mailto:lmenius(a)stroudengineer.com] Sent: Thursday, October 23, 2014 12:37 PM To: Nelson, Christine Subject: FW: SW8 050414 It appears the process of conveying the permit to the HOA has stalled out near the finish line. I believe the existing and proposed permittee are both motivated to see this transfer happen and I intend to see it through. Please let me know what you need to proceed and I'll see that it gets done. David L. Menius, P.E. Stroud Engineering, P.A. 102-0 Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudenoineer.com From: Weaver, Cameron [mailto:cameron.weaverCalncdenr.govl Sent: Wednesday, October 22, 2014 4:09 PM To: Luke Menius Cc: Johnson, Kelly Subject: RE: SW8 050414 Hi Luke. Helping Kelly with this ... Yes, that is the current version of the permit and it is valid until August 7, 2016. Jimmy's correspondence concerning the inspection performed by Christine Nelson is attached here as well, though I am sure you have that. Cameron Cameron Weaver Cameron.Weaver@ncdenr.gov Environmental Assistance Coordinator NCDENR / Division of Environmental Assistance and Customer Service (DEACS) 127 Cardinal Drive Wilmington, NC 28405 910-796-7303 (F)910-350-2004 http://ncenvironmentalassistance.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Luke Menius [mailto:lmenius(Ostroudengineer.com) Sent: Wednesday, October 22, 2014 3:10 PM To: Johnson, Kelly Subject: SW8 050414 I am working on a plan revision for Andrews Reach and it is not clear if I have the current permit. Please confirm if the 8/7/2006 permit is still valid or, if not, email a copy of the current permit. If it is easier, I can come in for a file review. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910)815-0775 ext 225 Imenius@stroudenoineer.com Nelson, Christine From: Nelson, Christine Sent: Thursday, October 23, 2014 4:52 PM To: 'Luke Menius' Subject: RE: SW8 050414 Luke, Basically, the site needs to be brought into compliance prior to transferring the permit. For instance: • Page 1 of the certification for Phase 1 of Andrew's Reach was provided, but page 2 was not. I'm still waiting for that second page. Also, I'm not clear on what has happened with Phase 2, which was approved to be townhomes. Does the permit need to be modified to match the current owner's plans for Phase 2? Does the permit need to be modified for the subdivision and a second permit obtained for the second phase? Or will both owners be listed on the transferred permit (not ideal as that creates a different set of issues). Also, I haven't done a site visit yet, but I know a while back there were some concerns that the system was not being maintained. I believe that those have been resolved but I'm not 100%sure. Hope this helps at least get you pointed in the right direction and please let me know if I can provide additional assistance. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 http://Portal.ncdenr.org/web/ir/stocmwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Luke Menius rmaiIto: Imenius@)stroudenoineer.coml Sent: Thursday, October 23, 2014 12:37 PM To: Nelson, Christine Subject: FW: SW8 050414 It appears the process of conveying the permit to the HOA has stalled out near the finish line. I believe the existing and proposed permittee are both motivated to see this transfer happen and I intend to see it through. Please let me know what you need to proceed and I'll see that it gets done. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com Nelson, Christine From: Nelson, Christine Sent: Tuesday, May 20, 2014 9:43 AM To: 'Jimmy Fentress' Subject: RE: ANDREWS REACH SW8 050414 Jimmy, I don't see the second page of the certification. Have you completed that as well? Its not easy to give a proper review of the name/ownership change form without the entire submittal and documentation in front of me. On the surface, the form looks to be completed correctly. As for the information in the form, have most of the lots been sold to individuals? Just want to confirm the permit should go to the HOA and not a bank or current developers. Be sure to provide all the documents listed in Section III and if it is an HOA, please provide official documentation from the HOA to support the president and their address. I'm a bit surprised to see the address for the HOA being in Winston Salem and addressed to Legal. Thanks, Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Jimmy Fentress[mailto:ifentressCastroudenoineer.com] Sent: Friday, May 16, 2014 8:49 AM To: Nelson, Christine Subject: ANDREWS REACH SW8 050414 Christine, In response to your letter dated March 28, 2014 pertaining to this development. I am writing to introduce two documents requested therein. I have included the Engineer's Certification for Phase 1 of this development as well as the proposed and completed Name Change/Ownership Transfer document. I am requesting confirmation that the latter is the appropriate document prior to securing the necessary signatures. Please review and report this to be so or not. I look forward to your response. Thanks, Jimmy Fentress A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 28, 2014 Mr. Kirk Andrews, President Footings of Wilmington, Inc. 3129 Braemar Lane Wilmington, NC 28409 Subject: Notice of File Review Inspection — Non Compliant Andrews Reach Stormwater Permit No. SW8 050414 New Hanover County Dear Mr. Andrews John E. Skvada, III Secretary On September 30, 2011, staff of the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) sent a letter reminding you that the State Stormwater Permit needs to be transferred when the property is sold or transferred to new owners. On March 27, 2014, a follow up file review of the Andrews Reach Subdivision located in New Hanover County was conducted to determine compliance with Stormwater Management Permit Number SW8 050414 modified and re -issued on August 7, 2006. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent file review inspection. As observed during the file review and indicated in the attached inspection report, the following items must be resolved: 1. Permit condition (II. Schedule of Compliance, No.10) requires that prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification of the stormwater system must be received from an appropriate designer. Please submit an engineer's certification of the system to this office. 2. Permit condition (III. General Conditions, No. 1) states that when there is a desire to change ownership of the facilities, a completed "Name/Ownership Change Form" must be submitted to DEMLR. In reviewing the New Hanover County Tax Database, it appears that the property associated with Andrews Reach has been transferred to Andrew Reach Developers, LLC and Andrews Reach HOA, Inc. If so, please submit the completed name/Ownership Form along with the supporting documentation to the Division. The request for transfer of ownership form can be downloaded at: http://Portal.ncdenr.org/web/wq/ws/su/statesw/forms docs#tab-3. Please inform this Office in writing before April 28, 2014, of the specific actions that will be undertaken and the time frame that will be required to correct the above listed items. Division of Energy, Mineral, and Land Resources Land Quality Section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilminaton. North Carolina 28405 • (9101796-7215 / Fax: (910) 350-2004 Footings of Wilmington, Inc. March 28, 2013 SW8 050414 If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7345 or via email at christine.nelson@ncdenr.gov. Sincerely, Christine Nelson Environmental Engineer Enclosure: Compliance Inspection Report GDS/can: \\\Stormwater\Permits & Projects\2005\050414 HD\2014 03 CEI_deficient 050414 cc: Andrews Reach Developers, LLC, c/o Whitehorse Properties, LLC, 8204 Fazio Dr., Wilmington NC 28411 Sam Jernigan, Member, Andrews Reach Developers, LLC, 4701 Wrightsville Ave, Suite 2 Unit 209, Wilmington, NC 28403 Stephen Sulkey, Registered Agent, Andrews Reach HOA Inc., 3530 Lewis Loop SE, Bolivia NC 28422 President, Andrews Reach HOA Inc., 200 West Second St., 3r Floor Legal, Winston Salem, NC 27101 Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 il North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, INC 27626-0622 (919)B07-2000 Date: 3/28/2014 Click here to: View Document Filings I PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC ANDREWS REACH HOMEOWNERS' ASSOCIATION, INC. LEGAL Non -Profit Corporation Information SOSID: 1232720 Status: Current -Active Effective Date: 12/5/2011 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: SULKEY, STEPHEN J. Office Address: 3530 LEWIS LOOP SE BOLIVIA NC 28422 Mailing Address: 3530 LEWIS LOOP SE BOLIVIA NC 28422 Principal Office Office Address: 200 WEST SECOND ST., 3RD FLOOR LEGAL WINSTON SALEM NC 27101 Mailing Address: 200 WEST SECOND ST., 3RD FLOOR LEGAL WINSTON SALEM NC 27101 Officers/Company Officials This website is provided to the public as a part of the Secretary of Slate Knowledge Base (SOSKB) system. Version: 2656 http://www. secretary. state.nc.us/corporations/Corp.aspx?Pitemld=9880871 3/28/2014 C201332200179 SOSID: 1232720 Date Filed: 11/22/2013 2:29:00 PM Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA DEPARTMRNT OF THE SECRETARY OF 87 STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT Pursuant to 455D31 of the General Stables of North Carolina, fie undersigned entity submits the following for the purpose of changing Its registered office and/or registered agent in the State ofNorth CamRna. INFORMATION CURRENTLY ON FILE Thenemeoftheurtityie:i0No2�'w�r ��i+tf /Y�N1poWp/t?/1f-,oSsoc/.oT�ONI /NG. Entity'rype: ❑Corporation, ❑Famign Corporation, ONonprodt CaToretion, ❑Foreign Nonpmgt Corporation, ❑Limited Liability Company, ❑Forelga Limited Liability CaaWW ❑Urnited PannerehiN ❑Foreign Limited Paftas* ❑LimJW Liability Pannership, ❑Fomiga Limited Liability Partnership Tho sh at address and county. of the tntity's registered office aarcntty on file is: Number and Strad: ffo Ff"Ye r!'EV /ZZ6 -C , City, Stater, Zip Code: NG l do / County: The mulling address If dl8erealgom the street address of the registered office currently on file ice: The name of the cannot registered agent is: CT CQe�jQo?/��J fyS7@n� NEW INFORMATION 1. The street address and county of the new registered office of the amity is: (complete this /tam onfy If the address gf she registered cpce Is being change4l ' Number a0a stree: 3, C i o J"Z - City, State, ZlpCode: 80Z-/u/g J'/G zP(l-Z2 Cmmty: 9il(/^/-''L //'K 2. The mailing address Ifdlfjereni fPom the street address of the new registered office is: (complete this item only Ifthe address of the registered g81re is being changed 3. The name of the new registered agent and The new agent's consent to appointment appears below. (complete dhk item only tithe amne gflhe registered agent k be/agchaagsd ,r�fjy&N l iNL y 3Lyutt7 MJNg6G'� Type or Print Name of New Agent —� •Sfgaa ilde 4. The address of the entity s registered office and the address of the business offioe of Its registered agent, as changed, will be Identical. 5. This statement will be offective upon filing, unless a date and/or time This is the .Z day of - AIMPIbitr20-0, AAdawcharLA �, tare res df y* Type orPrba Name and Title Notes: FlaaahelaSM "12 tamantreeit be filed with tee&eretrry of State. • ladtad otdprloa heeR lee new eepderad eyeat mydaoaaepaMerrtalm ma1mlt91he4PP0htmee4wbtth mod beedahee to lbb shhmeat. CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 Revised January 2002 Form BBB Compliance Inspection Report Permit: SW8050414 Effective: 08/07/06 Expiration: 08/07/20 Owner: Footings Of Wilmington Inc Project: Andrews Reach County: New Hanover 3300 Masonboro Loop Rd Region: Wilmington Wilmington NC 28405 Contact Person: Kirk M Andrews Title: President Phone: 910-397-0609 Directions to Project: From intersection of College Rd & Oleander Dr., East on Oleander, Right on Pine Grove, follow Pine Grove to intersection of Pine Grove and Masonboro Loop, project on right. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (Hewletts Creek) (03-06-24) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 03/27/2014 Entry Time: 03:00 PM Primary Inspector: Christine Nelson Secondary Inspector(s): Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 03:30 PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8050414 Owner- Project: Footings Of Wilmington Inc Inspection Date: 03/27/2014 Inspection Type: Compliance Evaluation Inspection Summary: To correct the deficiences. Please provide the designer's certification. Confirm whether or not the project has been transfered to a new owner(s). Is the permit active? Signed copy of the Engineers certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: A designer's certification could not be located in the file. Other Permit Conditions Is the site compliant with other conditions of the permit? Reason for Visit: Complaint Comment: According to the New Hanover Tax Database, the property appears to have been transfered to a new owner(s). Yes No NA NE ® ❑ ❑ Q n®nn ®nnn �nnn Yes No NA NE 0 E 0 0 Page: 2 4. North Carolina Secretary of State Page 1 of 2 Account Login Register North Carolina Elaine F, Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Boa 29M Raleigh, NC 27626-0622 t9191807.200G Date: 3/27/2014 Click here to: View Document Filings I File an Annual Report I ®A Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I Corporation Names Name Name Type INC ANDREWS REACH DEVELOPERS, LEGAL LLC Limited Liability Company Information SOSID: 1262554 Status: Current -Active Effective Date: 6/1/2012 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: UNDER REVIEW LLC OTHER EVENT Registered Agent Agent Name: DONALDSON, RICHARD C. Office Address: 8204 FAZIO DRIVE WILMINGTON NC 28411 Mailing Address: 8204 FAZIO DRIVE WILMINGTON NC 28411 Principal Office Office Address: 8204 FAZIO DRIVE WILMINGTON NC 28411 Mailing Address: 8204 FAZIO DRIVE WILMINGTON NC 28411 Officers/Company Officials Title: MEMBER Name: WHITEHORSE PROPERTIES, LLC Business Address: 8204 FAZIO DRIVE WILMINGTON NC 28411 Title: MEMBER Name: SAMM JERNIGAN Business Address: 4701 WRIGHTSVILLE AVENUE, SUITE 2 UNIT 209 WILMINGTON NC 28403 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=10016871 3/27/2014 North Carolina Secretary of State Page 2 of 2 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 2656 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitenild=10016871 3/27/2014 C201332200179 Date Filed: 11/22/2013 2:29:01) PNI Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT Pursuant to 155D-31 of the General Statutes of North Carolina, the undersigned eMfty submits the following for the purpose of changing Its registered office and/or registered agent In the State of North Carolins, INFORMATION CURRENTLY ON FILE The name ofibeentityfr. /. iW/Lew'f /.LC"rAoP/yo4,,,-otn,n/Wt-ptToeioTjON7//VG, Enfity Type: ❑Corpomflon, ❑Foreign Corporation, INNonprolit Corporation, []Foreign NonprolitCorpmation, ❑Limited Liability Company, []Foreign Limited Liability Company ❑Limital PannershIN ❑Foreign Limited Partnership, ❑Limited Liability Partnership, ❑Foreign Limited Liability Partnership .. . _. Tha s#eet address and c:gwty of t c entity's registered office currently en file is: Number and Street: Ifo 77EV /Z46 ST.. &>< /p i / City, State, Zip Code:7 NG 2 7 L<Q / County: A7 E The mailing address If ilL fereni from the street address of the registered office currently on file is: The name of the current registered agent is: C T QaQ p e,oTi p ^) f y r-fQlr\, NEW INFORMATION 1. Tlie street address and calmly of the now registered office offli _entity is (complete this Item only If the adrbrst Ville mgistered effloe is 6e'in`g echangeep Number and Street: �P= CIty,State,ZipCode: /4 L/N/A l✓C-- LZ Gv✓tN7c 2 The mailing address j%AjJferetttJFam the'stre'et address oof the new registered office is: (complete this llem only If the address of the registered office Is being changed 3. Tha name of the new registered agent and the now agent's consent to appointment appears below: (complete this Item only if the none gfrhe registered agent Is being changed) Cenr/hriN 7P y S7L�FNEN J: .ifiili�y +�4.nIw�.N �SC`��n�f /M'Jn./�G'2 Type or Print Name ofNe,v Agent Signatur ?711a 4. The address of the entity's registered office and the address of the business office of Its registered agent, as changed, will be Identical. 5. This statement will be effective upon filing, unless a date and/or time is specified: This is the � ,2 day ofAlOW111her,20 13 . 1 YL S � tip r Sl ratwe � sec dtYiF Type or Print Name and Title Notes: - 17111agfeebs3.00. "Isdocament most be filed MN lhe3ecretaryotStats. • Instead ofafpInghere, tbentsr registered agent maysigo a separate writtem mosent to theeppolatment, which most be attached to this statement. CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 Revised January 2002 Form BE-06 11111111111111111011 2013018606 iFOR TA'GwI rSiTq�ONNROMASUy OF pEEp� NEW HAN0VEN O TY, NO 2013 MAY 22 03,46 04 PM BN.5739 PG 445-448 FEE $26 N IPlS", 1112013i718A PREPARED BROW, FOX & MANNEN, P.O. BOX 479, WILMINGTON, NC 28402 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: 50.00 Tax ID No • R06700-001-035-000 "This instrument prepared by: Douglas A. Fox, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds." Preparer has been informed that this is not the primary residence of the Grantor. WARRANTY DEED THIS DEED, made this 220" day of May, 2013, by Andrews Reach Developers, LLC, a North Carolina limited liability company, of 8204 Fazio Drive, Wilmington, NC 28411, GRANTOR, to Andrews Reach Homeowners' Association, Inc., allorth Carolina corportation, of Post Office Box 1011, Raleigh, NC 27601 , GRANTEE; W rfNESSETH: That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of New Hanover and State of North Carolina, and more particularly described as follows - Being all of those designated Common Areas in a survey by Stroud Engineering, P.A., dated December 20, 2012 and recorded in Map Book 57 at Page 237, of the New Hanover Courtly Registry, reference to which is hereby made for a more particular description. Said map Is attached herein as Exhibit "A'. TO HAVE: AND TO HOLD the aforesaid lot, tract, or parcel of land, an all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to And the Grantor covenants with the Grantee, that Grantor is seiwd of said premises in fee and has the right to convey in fee simple, that the title is marketable and free and clear of all encumbrances; and that Grantor will warrant and defend title against the lawful claims of all persons whomever except for the exceptions hereinafter stated. Title to the property heremabove described is subject to the following exceptions: (A) subject to Courtyard Local Zoning Ordinances, (B) subject to standard easements for utilities; (C) restrictive covenants of record, if any; (D) ad valorem taxes for current year Reruery To: Douclns A. Fox The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Andrews Reach Developers, LLC \r, SEAL) Rich d C. Donaldson, Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, Lori A. Levis , the undersigned Notary Public of the County and State aforesaid, do hereby certify that Richard C. Donaldson, personally came before me this day and as Manager of Andrews Reach Develeopers, LLC, acknowledged the due execution of the foregoing instrument Witness my hand and seal, this day of May, 2013. H .`'01 q'i A tE4," '�. -' E NOTARY PUBIAQ Notory Dubuc v New Hanover County E (Notarial Seal) r Commission Expires: 013 n\INTY1- TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •RRRRfftf R}Rf Rf Rf XRRX11h}fRf hlMf ff R}NRltft}If}Rf}f 41hf 1ff RRRf Rf Rfffff}1f}f}f}R}}}ff Rlfff fff kf Rff}}f}f}f}ff if ff lfffflfl• Filed For Registration Document No.: 05/22/2013 03:46:04 PM 5739 Page: 445-448 2013018606 4 PGS $26 00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013018606* 2013018606 SOSID: 1262554 Date Filed: 6/1/2012 2:26:00 PM Elaine F. Marshall North Carolina Secretary of State C201215300265 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION Pursuant to Section 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. I. The name of the limited liability company is Andrews Reach Developers, LLC. 2. The latest date on which the limited liability company.is to dissolve is: There shall be no limit on the duration of the limited liability company. 3. The name and address of each organizer executing these Articles of Organization is as follows: Jerry A. Mannen, Jr. - Organizer Yow, Fox & Mannen, LLP 102 N. Fifth Avenue Post Office Box 479 Wilmington, NC 28402 4. The street address and county of the initial registered office of the limited liability companyis: 8204 Fazio Drive, Wilmington, New Hanover County, North Carolina, 284u. 5. The mailing address of the initial registered office of the limited liability company is identical to the address set out in paragraph 4 above. 6. The name of the initial registered agent is Richard C. Donaldson. 7. The principal office address of thecompanyis: 8204 Fazio Drive, Wilmington, New Hanover County, North Carolina 28411. 8. The mailing address of the principal office of the company is identical to the address set out in paragraph 7 above. 9. Check one of the following: X 1. Member - Managed LLC: All of the members by virtue of their status as members shall be managers of this limited liability company. 2. Manager - Managed LLC: Except as provided by North Carolina General Statute Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. -1- io. Any other provisions which the limited liability company elects to be included are attached. ii. These Articles will be effective upon filing. This the —;�— day of May, 2012. Wilmington, NC 28402 -2- North Carolina Secretary of State Page 1 of 1 �'✓;�r"".,°''0,� North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE ypa PO Box 29622 Raleigh, NC 27626-0622 (919)607-2000 Date: 4/11/2011 Click here to: View Document Filings I Sign Up for E-Notifications jj Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC FOOTINGS OF WILMINGTON, INC. LEGAL Business Corporation Information SOSID: 0390537 Status: Current -Active Effective Date: 3/5/1996 Dissolution Date: Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: ANDREWS, MARLON KIRK Office Address: 3129 BRAEMAR LANE WILMINGTON NC 28409 Mailing Address: 3129 BRAEMAR LANE WILMINGTON NC 28409 Principal Office Office Address: 3129 BRAEMAR LANE WILMINGTON NC 28409 Mailing Address: 3129 BRAEMAR LANE WILMINGTON NC 28409 Officers Title: PRESIDENT Name: MARLON ANDREWS Business Address: 3129 BRAEMAR LANE WILMINGTON NC 28409 Title: VICE PRESIDENT Name: WILMON KEITH ANDREWS ANDREWS Business Address: 4595 BENTLEY WILMINGTON NC 28409 Stock Class Shares No Par Value Par Value COMMON 100000 YES N/A This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3200 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4649747 4/11 /2011 ,3W 650414 NEW HANOVER COUNTY Engineering Department 230 Market Place Drive, Suite 160 Wilmington, North Carolina 28403 TELEPHONE 910-798-7139 Beth Easley Wetherill, C.P.E.S.C. Soil Erosion Specialist August 31, 2006 Kirk Andrews 3129 Braemar Lane Wilmington, North Carolina 28409 SEP 1 4 2006 RV RE: Notice of Violation of Land Disturbing Activity Grading Permit GP Number: 61-04, Andrews Reach Location/ Descril2tion of Violation(sl: This project has failed to stabilize the northern ditch and submit plan revisions for new limits of disturbance required by the May 26, 2006 Notice of Violation. Turbid discharge has also occurred off site. Dear Mr. Andrews: This letter constitutes Notice of Violation of Section 23-237(2), Section 23-237(3), Section 23-243, Section 23-248(b), Section 23-2480), Section 23-250(b), Section 23- 251(a)(1) and Section 23-251(a)(2) of the New Hanover County's Soil Erosion and Sedimentation Control Ordinance. Section 23-237 Mandatory Standards for Land Disturbing Activity states: (2) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the angle, from zero to nineteen degrees, which can be retained by vegetative cover or other adequate erosion control devices or structures. Only when approved by the County may slopes be steeper than two foot of run to one foot of rise. In any event, slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. Section 23-237 Mandatory Standards for Land Disturbing Activity states: (3) Ground Cover. Whenever land disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, the person conducting the land disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 23- 238(b)(5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days following completion of construction or development whichever period is shorter. Section 23-243 Responsibility for Maintenance states: During the development of a site, the person conducting the land disturbing activity shall install and/or maintain all temporary and permanent erosion and sedimentation control measures or any provision of this article, the act, or any order adopted pursuant to this article or the act. Section 23-248 Erosion and Sedimentation Control Plans states: (b) Persons conducting land disturbing activity on a tract which covers one or more acres shall file three copies of the erosion control plan with the County at least 30 days prior to beginning such activity and shall keep another copy of the approved plan and a posted copy of the permit at the job entrance on the job site before construction begins. After approving the plan, if the county either upon review of such plan or on infection of the job site determines that a significant risk of accelerated erosion or offsite sedimentation exists the county will require a revised plan. Pending the 12reparation of the revised plan work shall cease or shall continue under conditions outlined by the appropriate authority. Section 23-248 Erosion and Sedimentation Control Plans states: 0) Any person engaged in land disturbing activity who fails to file a plan in accordance with the ordinance or who conducts a land disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this article. Section 23-250 Inspections and Investigations states: (b) If through an inspection it is determined that a person engaged in land disturbing activity has failed to comply with the act, this article, or rules or orders adopted or issued pursuant to this article, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in additional civil and criminal penalties for a continuing violation. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforcement action shall be initiated. Section 23-251(a)(1) Civil Penalties states: (a)(1) Civil Penalties. Any person who violates any of the provisions of this article, or rules or orders adopted or issued pursuant to this article, or order adopted or issued pursuant to this article by the commission, or who initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty. The maximum civil penalty for a violation is $5,000.00 per calendar day. A civil penalty may be assessed from the date of violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of violation. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation. Section 23-251 Penalties states: (a)(2) Civil Penalties. The County Manager or his designee, shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this article and shall direct the violator to either pay the assessment or contest the assessment within 30 days after the receipt of the notice of assessment, by written demand for a hearing before the Board of County Commissioners. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. I Corrective measure(s) needed: Complete stabilization of the northern ditch within 3 calendar days and submit revised plans showing all areas disturbed by this project . within 10 calendar days. You may be required to address the turbid discharges by DENR - Water Quality in the future. You can contact Beth Easley Wetherill, Erosion Control Specialist, Engineering Department, 230 Market Place Drive, Suite 160, Wilmington, North Carolina 28403, (910) 798-7139, regarding the required compliance action. Sincerely, Beth Easley Wetherill NHC Soil Erosion Specialist cc: Dave Weaver, Assistant County Manager Gregory R. Thompson, P.E., County Engineer David Hollis, P.E., NHC Chief Project Engineer Kemp Burpeau, Deputy County Attorney Ed Beck, NCDENR Water Quality Noelle Lutheran, NCDENR Jennifer Frye, US Army Corps of Engineers Ron Satterfield, City of Wilmington Jim Diepenbrock, City of Wilmington Jimmy Fentress, P.E., Stroud Engineering Zak Shipman, Stroud Engineering Dwayne Adams, Elite Construction Mark Boyer, NHC Public Information